Carter and De Nada

In the matter of *Carter and De Nada*, heard before Cohen J, the applicant sought orders declaring the marriage between the parties void. The respondent did not appear before the court.

The central legal issue before the court was whether the marriage between the applicant and the respondent, solemnised in February 1995, was void. Specifically, the court was required to determine if the respondent was lawfully married to another person at the time of the ceremony.

Cohen J found that the marriage was void on the ground that the respondent was already lawfully married to another person at the time of the marriage to the applicant. The court applied the principle that a marriage is void where one of the parties is already married, rendering the subsequent union invalid from its inception.

Consequently, Cohen J ordered that the marriage between the parties was void on the stated ground.